Hey hey, ho ho, the Militia Act has got to go!
The Militia Acts of 1792 made all free white men soldiers on call. A similar Act updated the law in the 19th century to include black men. Read here. In 1903 another Militia Act (known as the Dick Act) was passed that nullified the 18th and 19th C Acts but retained the designation of every man as being in essence a soldier.
The US Con'n gives Congress the authority to raise an army. But it doesn't give them the right to conscript. Courts have upheld the presumed right to do so as a matter of necessity. If the enabling Acts were rolled back however, the basis of the argument would be void. I wonder... has anyone argued against these Acts on the basis of necessity? That is, since the advent of nuclear weapons, can the US gov't really make this claim?
SCOTUS held that workers placed on call must be paid for that time even when not working. Since virtually all men are on call to the US gov't and by state law to their states, should we not have received compensation as soldiers? There are other approaches one can take.
But first step would be to try to get the Militia Act of 1903 nullified, and all subsequent related Acts. It is way past time for men's bodies to stop being turned into weapons by decree.
OK, who wants to do this? I am serious.
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